Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 4286

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/4634)

RAVEN SCAFFOLDS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CONTRACT SCAFFOLDING ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 4 DECEMBER 2024

Application for approval of the Raven Scaffolds Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Contract Scaffolding Enterprise Agreement 2024 - 2027

The Construction, Forestry and Maritime Employees Union (CFMEU) has made an application for approval of an enterprise agreement known as the Raven Scaffolds Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Contract Scaffolding Enterprise Agreement 2024 - 2027 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

While the application is generally in order, the notice of employee representational rights that was given to employees was not in the prescribed form. However, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s 188(5)(a) and that the employees covered by the Agreement are not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188 of the Act.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The CFMEU, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2), I note that the Agreement covers the CFMEU.

The Agreement was approved on 4 December 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application by the Construction, Forestry and Maritime Employees Union (CFMEU) and Raven Scaffolds Pty Ltd for the approval of a proposed enterprise agreement. This agreement, titled the Raven Scaffolds Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Contract Scaffolding Enterprise Agreement 2024 - 2027, was intended to regulate the terms and conditions of employment for employees engaged in scaffolding work. The primary dispute centred on whether the proposed agreement met the necessary requirements for approval under the relevant industrial relations legislation.

The court was tasked with determining if the proposed agreement complied with the applicable legal standards, including whether it met the "better off overall test" and whether it was appropriately made and contained the required provisions. The "better off overall test" ensures that employees under the agreement are not worse off than if they were under the applicable award or agreement. The court also needed to assess if the agreement had been made in accordance with the legal requirements, including whether it had been properly negotiated and if it contained the necessary provisions as stipulated by the legislation.

After examining the details of the proposed agreement, the court found that it satisfied all the legal requirements for approval. The agreement was deemed to meet the "better off overall test" as it provided for terms and conditions that were not less favourable than those provided by the applicable award. The court also determined that the agreement had been appropriately negotiated and contained all the necessary provisions as required by the legislation. Consequently, the court approved the proposed agreement, finding it to be compliant with all legal standards.

The final orders of the court were that the Raven Scaffolds Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Contract Scaffolding Enterprise Agreement 2024 - 2027 be approved and registered under the relevant industrial relations legislation. This decision provided clarity and certainty for the parties involved and established the terms and conditions of employment for the specified period.

Construction, Forestry and Maritime Employees Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established